Filed: Oct. 15, 2018
Latest Update: Oct. 15, 2018
Summary: OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR STAY OF PROCEEDINGS (ECF NO. 64) LINDA V. PARKER , District Judge . Defendant, Mathew Peters, filed a Notice of Appeal from this Court's August 27, 2018 Order granting, in part, and denying, in part, Defendants' Motion for Summary Judgment. (ECF Nos. 45, 59 & 62.) In due course, Defendant has requested the Court, through the instant motion, to stay proceedings pursuant to Fed. R. Civ. P. 62(b)(4) and Fed. R. App. P. 8(a)(1)(A). (ECF No. 64.
Summary: OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR STAY OF PROCEEDINGS (ECF NO. 64) LINDA V. PARKER , District Judge . Defendant, Mathew Peters, filed a Notice of Appeal from this Court's August 27, 2018 Order granting, in part, and denying, in part, Defendants' Motion for Summary Judgment. (ECF Nos. 45, 59 & 62.) In due course, Defendant has requested the Court, through the instant motion, to stay proceedings pursuant to Fed. R. Civ. P. 62(b)(4) and Fed. R. App. P. 8(a)(1)(A). (ECF No. 64.)..
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OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR STAY OF PROCEEDINGS (ECF NO. 64)
LINDA V. PARKER, District Judge.
Defendant, Mathew Peters, filed a Notice of Appeal from this Court's August 27, 2018 Order granting, in part, and denying, in part, Defendants' Motion for Summary Judgment. (ECF Nos. 45, 59 & 62.) In due course, Defendant has requested the Court, through the instant motion, to stay proceedings pursuant to Fed. R. Civ. P. 62(b)(4) and Fed. R. App. P. 8(a)(1)(A). (ECF No. 64.)
A proper notice of appeal divests the district court of jurisdiction and transfers jurisdiction to the court of appeals. Lewis v. Alexander, 987 F.2d 392, 394 (6th Cir. 1993). Therefore, as a matter of course, the Court will grant Defendant's motion for stay of proceedings pending the disposition of Defendant's appeal.
Accordingly,
IT IS ORDERED that Defendant's motion for stay of proceedings (ECF No. 64) is GRANTED.
IT IS SO ORDERED.
